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Law of Succession


ISBN13: 9780409331912
Published: December 2012
Publisher: LexisNexis Australia
Country of Publication: Australia
Format: Hardback
Price: Price on Application



The Law of Succession contains an up-to-date account, commentary and analysis of the Australian law of succession. Although history cannot but colour the modern law, The Law of Succession avoids an overtly historical focus and instead targets what is most pertinent in modern Australian succession practice and theory. It also adopts a comparative slant, with frequent reference to material, including case law, statute and law reform commission reports, from other common law jurisdictions, to provide a counterpoint for Australian law.

Features

  • Focusing on modern practice and theory underscoring Australian succession law
  • Explaining the theory behind the relevant legal rules, as well as counter-views, in order to clarify the context within which succession law operates.
  • Frequent reference to case law, statutes and law reform commission reports from other common law jurisdictions, so as to provide a truly comparative approach to Australian succession law and practice.

Subjects:
Other Jurisdictions , Australia
Contents:
PART I - WILLS AND INTESTACY
1. NATURE OF A WILL
2. MENTAL ELEMENTS
3. STATUTORY WILLS
4. FORMAL ELEMENTS
5. REVOCATION AND AMENDMENT OF WILLS
6. REPUBLICATION AND REVIVAL OF WILLS
7. GIFTS BY WILL
8. CONSTRUCTION OF WILLS
9. INTESTACY

PART II - PERSONAL REPRESENTATIVES
10. THE OFFICE OF PERSONAL REPRESENTATIVE
11. GRANTS OF REPRESENTATION
12. DUTIES OF PERSONAL REPRESENTATIVES
13. POWERS AND ENTITLEMENTS OF PERSONAL REPRESENTATIVE
14. ALLOCATION AND DISTRIBUTION OF ESTATE

PART III - FAMILY PROVISION
15. CONCEPT OF FAMILY PROVISION
16. ELIGIBILITY TO APPLY FOR FAMILY PROVISION
17. APPLICATIONS FOR PROVISION
18. PARTICULAR CLASSES OF APPLICANTS
19. RELEVANT CONSIDERATIONS IN MAKING ORDER
20. FAMILY PROVISION ORDERS

PART IV - MISCELLANEOUS MATTERS
21. A STATUTORY HISTORY OF WILLS IN ENGLAND AND AUSTRALIA
22. CONFLICTS OF LAW IN SUCCESSION
23. COSTS IN MATTERS INVOLVING DECEASED ESTATES
24. LAWYERS' RESPONSIBILITY AND LIABILITY